The draft proposal of the delimitation commission, granting six of the seven additional assembly seats in the union territory to Jammu, Stir up among the regional political parties in J&K.
The regional political parties of Jammu and Kashmir termed it as an unbalanced act that will further aggravate divisions among the people of J&K.
People’s Alliance to Gupkar Declaration (PAGD)‘s spokesperson Mohammad Yousuf Tarigami said that if the proposal of the commission to grant six seats of Jammu and one to Kashmir is finalized, it will find ways and means to challenge the commission in the Supreme Court of India.
The exercise of the commission was also challenged earlier in Assam, and we will explore all the commissions in the court of law as to what it has done in J&K.
In the meantime, PAGD leaders held a meeting in Jammu on 21 December 2021 under the Chairmanship of Dr Farooq Abdullah, in which the draft of the delimitation commission was thoroughly examined.
The leaders of PAGD unanimously expressed their deep dissatisfaction and shock with regard to recommendations of the commission the constitutionality of the commission under the recognition act has been challenged in the Supreme Court.
PAGD also appealed to the people of J&K to remain united and not to fall prey to the divisive and disruptive designs of the BJP.
Besides that, PAGD has also decided to hold a peaceful protest on 1st January 2022 at Srinagar against these divisive and unacceptable recommendations of the commission.
PAGD has also appealed to the tribal communities to remain together at this hour of serious crisis.
Meanwhile, the People’s Conference Chairman Sajad Lone take on PAGD Supreme Court row in a tweet he wrote
“Will somebody please enlighten them (PAGD) this report cannot be challenged in Court it is legally Unchallengeable heaven’s sake stop lying through your teeth,’ tweeted Sajad Lone.
He also alleges the JKNC bestowed political legitimacy to the delimitation commission.
The commission’s orders cannot be questioned in any court; the delimitation commission constituted by the government of India to redraw J&K’s electoral map cannot be challenged in any court.
The Delimitation Act-2002-the law under which delimitation exercise is being carried out in J&K- clearly states that the process cannot be questioned in any court Under Article 327 or Article 328 shall not be called in question in any court and the commission’s orders have the force of law.
Similar provisions also existed in the law and the J&K constitution under which the delimitation process was carried out in the erstwhile state of Jammu and Kashmir.
In 1977, the Jammu and Kashmir High Court ruled that it cannot even investigate whether the notification published by the Delimitation Commission is reasonable.
It is pertinent to mention that the People’s Alliance for Gupkar Alliance (PAGD) claimed that they will challenge the delimitation commission’s orders in the Supreme Court if they are not changed.
According to the law, the Commission shall publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Gazette of India and the Official Gazette of Jammu and Kashmir before finalizing the proposals.
As per the law, the panel has to consider all objections/ suggestions which may have been received by it before the date so specified and hold one or more public sittings for their consideration.
Bharatiya Janata Party (BJP) leaders have welcomed the draft proposal of the delimitation commission that says Jammu got its rightful share for the first time.
Pertinently, almost all the political parties from Kashmir Valley had alleged that the decision to conduct the process of delimitation exercise was not only a hasty decision but also stood contrary to the very idea behind conducting delimitation.